On July 10, 2025 a commercial breach of contract case was filed by Harmony Union School District, represented by Jonathan M. Bowne, against TLCD Architecture, in the jurisdiction of Sonoma County.
Plaintiff HARMONY UNION SCHOOL DISTRICT (“District”) is a public entity, which operates a school facility in Sonoma County, at 1935 Bohemian Hwy., Occidental, CA 95465, home to Harmony, and Salmon Creek, schools’ campus (“School”).
Defendant TLCD ARCHITECTURE (“TLCD”) is a California corporation, who is a licensed architectural firm, whose principal place of business in Sonoma County.
The complaint stated:
Heretofore, the District planned to conduct a public works project at the School, known as the “Harmony USD Field and Playground Project, Phase 3” (“Project”). The Project consisted of a new concrete water catchment cistern with live roof (“Cistern”), sports field reconstruction, new walkways, landscape, irrigation and playground equipment and related work (“Work”).
Prior to the Project, the District entered into a written agreement with TLCD to act as Project architect, and provide design and contract/project management services for the District at the Project (“TLCD Contract”). For example, TCLD was to, “prepare complete working drawings and specifications setting forth in detail the work to be done and the materials, workmanship, finishes and equipment required for the architectural, structural, mechanical, electrical systems and utility-service-connected equipment and site work...” TLCD Contract, §5(c).
In 2021 TLCD completed its design and specifications for the Project (“TLCD’S Design”), which became incorporated into construction agreement(s) for performance of the Project with the District’s direct contractor FRC, Inc. (“FRC”).
In 2022, the construction phase of the Project commenced, with FRC executing performance of TLCD’S design.
During the course of the Project construction, several key problems with TLCD’s Design came to light, and problems with its project management occurred.
Cistern Coating/Waterproofing Issue: TLCD’s Design addressed coatings and waterproofing for the Cistern structure. But its specifications were defective in material ways, which was discovered during the construction phase. TLCD’s subsequently mismanaged the coatings and waterproofing specifications and work, including as to changes in said work, resulting in significant additional costs and damages. Additional costs as to system maintenance were also created by TLCD’s acts and omissions.
Raised Curb and Grading at Age 5-12 Play Area Issue: TLCD’s Design addressed grading and drainage requirements, which included grading elevations for the play area, and a concrete curb bordering the play area. The design of this work contained errors, discovered by FRC, which required extra work and costs, which the District was forced to absorb, creating additional costs and damages for the Project, caused by TLCD.
Irrigation Pump System Issue: During construction, FRC raised a series of concerns and errors about TLCD’s design as to the pump and plumbing systems for site irrigation. TLCD then issued design modifications and clarifications due to the design deficiencies inherent in TLCD’s initial drawings and specifications, which lacked sufficient functional ability. These modifications required FRC to perform additional work, causing the District additional costs and damages.
In addition to the issues alleged in paragraphs 9-11 above, TLCD’s other acts/omissions caused the District additional costs and damages, which, together with the issues alleged in paragraphs 9-11 above, shall be referred to “TLCD Problems”.
